Phelps v. Kroll

The original action was commenced to fore close a certain mortgage on Plymouth County, Iowa, land. The title holder and mortgagor of the land was a partnership, known as Sweet & Kroll. The mortgage, in the sum of $9,500, was given to D. A. Oltmann, who later assigned to a partnership known as Oltmann & Phelps, who, in turn, assigned to John B. Phelps (plaintiff). It was he who commenced the foreclosure action mentioned herein.

We are not concerned with the foreclosure proceeding. That matter has been fully completed. We are here concerned with the claim of the intervener Rock Island Plow…